Neutral Citation No. - 2025:AHC:83977 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14210 of 2025 Applicant :- Salman Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Tripathi,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 316 of 2024, under Sections 309 (4), 317 (2) of B.N.S., Police Station Sandipanghat, District Kaushambi. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. It is further submitted that first information report was lodged against unknown person. The name of applicant was disclosed on his arrest alongwith co-accused by the police on the information given by the informant. Police has shown recovery of Rs. 4,000/- from the possession of the applicant and Rs. 20,000/- on his pointing out. It is further submitted that after completion of investigation, charge sheet has been filed on 24.01.2025 and cognizance has been taken by the competent Court on 28.01.2025. It is further submitted that co-accused Mohd. Gufran has already been granted bail by the co-ordinate Bench of this Court vide order dated 01.04.2025. It is further submitted that criminal history of four cases of the applicant has already been explained in paragraph no.4 of the supplementary affidavit filed in support of bail application. It is further submitted that there are no chance of completion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant as well as Sri S. K. Ojha, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court. Applicant is languishing in jail since 30.11.2024 i.e. about six months. Alleged recovery shown from the possession of the applicant is disputed by learned counsel appearing on behalf of applicant on the ground that while making recovery memo the Investigating Agency has not followed the procedure prescribed under law. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. 6. Taking into consideration all entirety of the matter as discussed above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant-Salman, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 20.5.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad